Acórdão nº 9510779 de Court of Appeal of Porto (Portugal), 08 de Outubro de 1997 (caso NULL)
Magistrado Responsável | BAIÃO PAPÃO |
Data da Resolução | 08 de Outubro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ORDENADO O PROSSEGUIMENTO DO PROCESSO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART107 N5 ART113 N5 ART118 N2 ART123 N1 ART380 N1 B N3. CPC67 ART145 N5 N6 N7.
Sumário: I - A falta de fundamentação dos despachos decisórios constitui uma irregularidade ( artigos 118 n.2 e 123 n.1 do Código de Processo Penal ), não devendo tal falta ser confundida com a obscuridade ( inintelegibilidade ) ou ambiguidade de um qualquer passo da decisão, que são pressupostos do pedido de aclaração ou correcção a que se reporta o artigo 380 ns.1 alínea b) e 3 daquele Código. II - O deferimento da arguição dessa irregularidade, com a explicitação da correspondente fundamentação fáctica, corresponde ao implícito reconhecimento da invalidade da primeira decisão, operando-se assim a fusão das duas decisões. III - Respeitando a decisão em recurso a uma condenação de 6.000$00 de taxa de justiça, cujo requerimento de interposição foi apresentado no 2º dia útil subsequente ao termo do prazo, a aplicação, por mais uma vez, do n.6 do artigo 145 do Código de...
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